Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698938227131.pdf (South Africa)
Monday, 31 May 2021] No 72—2021] THIRD SESSION, SIXTH PARLIAMENT 1 PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA _____________________ ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS _____________________ MONDAY, 31 MAY 2021 _____________________ TABLE OF CONTENTS ANNOUNCEMENTS National Assembly and National Council of Provinces 1.
Assent to Bills................................................................................................................... 2 TABLINGS National Assembly and National Council of Provinces 1.

Speaker and Chairperson .................................................................................................. 2 2.

Minister of Human Settlements, Water and Sanitation .................................................... 3 3.
Minister of Justice and Correctional Services .................................................................. 3 COMMITTEE REPORTS National Assembly 1.

2.

3.
2.

3.

Justice and Correctional Services ..................................................................................... 3 Justice and Correctional Services ..................................................................................... 6 Justice and Correctional Services ..................................................................................... 9 2 ANNOUNCEMENTS National Assembly and National Council of Provinces The Speaker and the Chairperson 1.
Assent by President in respect of Bills (1) Correctional Services Amendment Bill [B 32 – 2020] – Act No 7 of 2021 (assented to and signed by President on 26 May 2021) (Wysigingswet op Korrektiewe Dienste (Afrikaans)).

(2) Upgrading of Land Tenure Rights Amendment Bill [B 6B – 2020] – Act No 6 of 2021 (assented to and signed by President on 26 May 2021) (Wysigingswet op die Opgradering van Grondbesitregte (Afrikaans)).
(3) Electoral Laws Amendment Bill [B 22D – 2020] – Act No 4 of 2021 (assented to and signed by President on 26 May 2021) (Wysigingswet op Verkiesingswette Afrikaans)).

(4) Local Government: Municipal Structures Amendment Bill [B 19D – 2018] – Act No 3 of 2021 (assented to and signed by President on 26 May 2021) (Wysigingswet op Plaaslike Regering: Munisipale Strukture (Afrikaans)).
(5) Recognition of Customary Marriages Amendment Bill [B 12B – 2019] – Act No 1 of 2021 (assented to and signed by President on 26 May 2021) (Wysigingswet op Erkenning van Gebruiklike Huwelike (Afrikaans)).

(6) Cybercrimes Bill [B 6D – 2017] – Act No 19 of 2020 (assented to and signed by President on 26 May 2021) (Wet op Kubermisdaad (Afrikaans)).

TABLINGS National Assembly and National Council of Provinces 1.
The Speaker and the Chairperson (a) Submission of the Financial and Fiscal Commission on the Division of Revenue Bill for 2022-23, tabled in terms of section 9(1) of the Intergovernmental Fiscal Relations Act, 1997 (Act No 97 of 1997), as amended.

3 2.

The Minister of Human Settlements, Water and Sanitation (a) Report and Financial Statements of Sedibeng Water for 2019-20, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2019-20.

3.
3.

The Minister of Justice and Correctional Services (a) Proclamation No R. 20, published in Government Gazette No 44572, dated 14 May 2021: Referral of matters to existing Special Investigating Unit: In respect of the affairs of the East London Industrial Development Zone, situated in the Eastern Cape Province, in terms of the Special Investigating Units and Special Tribunals Act, 1996 (Act No 74 of 1996).

COMMITTEE REPORTS National Assembly 1.
Report of the Portfolio Committee on Justice and Correctional Services on the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B 16– 2020] (National Assembly – section 75), dated 29 May 2021 The Portfolio Committee on Justice and Correctional Services, having considered the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B 16 – 2020], referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports the Bill with amendments [B16A-2020].
The Committee reports further: 1.

The levels of gender-based violence and femicide in this country are among the highest in the world, and are acknowledged as a second pandemic.

4 2.

A Presidential Summit against Gender-Based Violence and Femicide (GBVF) was held in November 2018, resulting in a Declaration which resolved, among others, to:    Fast track the review of existing laws and policies on gender-based violence to be victim-centred and ensure all other relevant laws respond to GBVF.
Implement the recommendations that have been identified from reviews and address legislative gaps.

Revisit and fast track all outstanding laws and bills that relate to GBVF.

3.

On 18 September 2019, the President expressed the country’s commitment to address the scourge of GBVF and announced an emergency response plan to tackle GBVF, which includes strengthening the applicable legal framework.

4.
4.

The Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill was introduced and referred to the Committee on 28 August 2020.

The Committee published the Bill for comment and held public hearings on 20-23 and 28 October 2020.

5.

The Bill proposes amendments to the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007, being one of several legislative measures identified to.
strengthen our response to GBVF, in particular the legislation regulating the National Register for Sex Offenders (NSRO).

6.
Among others, the Bill aims to amend Chapter 6 of the Act to:  Expand the scope of the NRSO to include the particulars of all sex offenders and not only sex offenders against children and persons who are mentally disabled;  Expand the list of persons who are to be protected to include other vulnerable persons, namely, certain young women, persons with physical, mental or intellectual disabilities and persons over 60 years of age who, for example, receive community based care and support services; and  Increase the periods for which a sex offender’s particulars must remain on the NRSO before they can be removed from the Register.
5 7.

The Bill also proposes to expand the ambit of the crime of incest and introduces a new offence of sexual intimidation.

8.

The Committee considered making use of the SAPS criminal records system as an alternative to the NSRO, which has experienced capacity constraints in the past, but decided against this after being reassured that the NSRO is able to take on the expanded function.
After much deliberation, the Committee is of the view that the Register should remain with the Department of Justice and Constitutional Development for now but will require careful and regular monitoring going forward.

Report to be considered 2.


Report of the Portfolio Committee on Justice and Correctional Services on the Domestic Violence Amendment Bill [B 20 – 2020] (National Assembly 6 – section 75), dated 29 May 2021 The Portfolio Committee on Justice and Correctional Services, having considered the Domestic Violence Amendment Bill [B 20 – 2020] (the Bill), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, presents the Domestic Violence Act Amendment Bill [B 20B – 2020].
The Committee reports further: 1.

The levels of gender-based violence and femicide in this country are among the highest in the world, and are acknowledged as a pandemic.

2.

In November 2018, a Presidential Summit against Gender-Based Violence and Femicide (GBVF) was held, emerging from the #TheTotalShutdown movement.
The Summit resulted in a Declaration which resolved, among others, to:    Fast track the review of existing laws and policies on gender-based violence to be victim-centred and ensure all other relevant laws respond to GBVF.

Implement the recommendations that have been identified from reviews and address legislative gaps.

Revisit and fast track all outstanding laws and bills that relate to GBVF.

3.
3.

On 18 September 2019, the President expressed the country’s commitment to address the scourge of GBVF and announced an emergency response plan, which includes strengthening the applicable legal framework.

4.

The Bill was introduced and referred to the Committee on 7 September 2020.

5.

The Committee published the Bill for comment and held public hearings on 20-23 and 28 October 2020.

7 6.

The Bill is one of several legislative measures which aims to strengthen existing laws to address GBVF.
Although legal measures cannot be regarded as an all-encompassing solution to address the complex social phenomenon of domestic violence, the State is obliged to promote legislation to afford effective protection to victims of violence in a domestic relationship.

7.
7.

After extensive deliberations, the Committee presents the Domestic Violence Act Amendment Bill [B 20B – 2020], which seeks to amend the Domestic Violence Act 116 of 1998 to address practical challenges, gaps and anomalies which have manifested since the Act came into operation.
In particular, the Bill aims to: broaden the conduct that is regarded as domestic violence; impose obligations on persons to report domestic violence to appropriate functionaries; extend the powers of members of the South African Police Service and peace officers to arrest persons in connection with domestic violence; further regulate the obtaining of protection orders against domestic violence and the powers of the court with regard to the welfare of affected children; provide for domestic violence safety monitoring notice that may be issued by the court; provide for the attendance of witnesses at domestic violence proceedings; further address harassment as a ground of domestic violence and to provide for measures to address cyber-harassment; regulate the powers of the court in respect of reciprocal orders and applications; provide for electronic applications for protection orders and domestic violence safety monitoring notice and the establishment of the integrated electronic repository for domestic violence protection orders; broaden the powers of the court, where a protection order has been issued, make orders for the protection of victims of domestic violence; further regulate the seizure of weapons; further regulate applications for the variation and setting aside of protection orders; extend jurisdiction in respect of applications for protection orders; further regulate the service of documents; further regulate cost orders; further regulate the prosecution of offences committed against a person in a domestic relationship; provide for the issuing of directives to regulate the functions of clerks of the court and other relevant persons when dealing with incidents of domestic violence; further provide for the making of regulations that is necessary for the effective implementation of the Act; and effect incidental amendments to other 8 laws.
Report to be considered.

3.
Report of the Portfolio Committee on Justice and Correctional Services on the appointment of commissioners to the South African Human Rights Commission, dated 29 May 2021 9 The Portfolio Committee on Justice and Correctional Services, having considered the requests by the Chairperson of the South African Human Rights Commission for the National Assembly to initiate a process to fill the vacancies arising from the expiry of Commissioner MS Ameermia’s term of office and after the passing away of Deputy Chairperson P Jana, referred to it, reports as follows 1.
In a letter, dated 21 February 2020, the Chairperson of the South African Human Rights Commission wrote to the Speaker, alerting the House to a vacancy that would arise at the Commission when Adv.

Mohammed Shafie Ameermia’s term of office expired at the beginning of February 2021.

The Speaker referred the matter to the Committee in a letter addressed to the Chairperson of the Committee, dated 10 March 2020, for processing.

2.
2.

More recently, in a letter dated 28 October 2020, the Chairperson of the Commission wrote to inform the House of the vacancy that had arisen at the Commission as a result of the Deputy Chairperson of the Commission, Ms. Priscilla Jana, having passed away.

The letter contained the request that the House begin a process to fill the vacancy.

The matter was referred to the Committee for consideration and report on 13 November 2020.

3.
3.

Both letters highlighted that, at present, there is not a proper balance of women and men at the Commission and, without wishing to be prescriptive, this might be a factor that the National Assembly might wish to consider when identifying a suitable candidate for the position.

(Since Commissioner Jana passed away, there is only one woman serving as a commissioner).

The second letter also highlighted that youth might be another factor that the House could take into account.

4.
4.

Section 193(4) of the Constitution provides that the President, on the recommendation of the National Assembly, must appoint the members of the South African Human Rights Commission.

10 5.
10 5.

Further, section 193(5) of the Constitution provides that National Assembly must recommend persons nominated by a committee of the Assembly, proportionally composed of members of all parties represented in the Assembly; and approved by the Assembly by a resolution adopted with a supporting vote of a majority of the members of the Assembly.

6.

Section 5(2) of the Act provides that the recommendation must also indicate whether the member is to be appointed in a full-time or part-time capacity.
The section further provides that there can be no fewer than six full-time members of the Commission.

As both Commissioners Jana and Ameermia were appointed in a full-time capacity, the Commission has only four full-time members at present.

Both vacant positions are, therefore, full-time.

7.

The Act provides that the commissioners will be appointed for a period of not more than seven years and will, at the expiry of such period, be eligible for reappointment.

8.
8.

The Committee advertised the position requesting members of the public to nominate candidates for appointment, receiving 59 nominations or applications, in all.

9.

The names of all those who applied or were nominated were published on Parliament’s website for comment.

10.

The Committee agreed to ‘short-list’ ten candidates, who were as follows: a) Mr. Jonas Sibanyoni b) Ms Philile Ntuli c) Ms Ferrial Adam d) Ms Nomfundo Ntloko-Gododo e) Adv.
Mohamed Ameermia f) Ms Fatima Chohan g) Mr Leonardus Joubert h) Ms Vidhu Vedalankar i) Ms Nomahlubi Khwinana j) Mr Moss Ntlha 11 11.

Once the shortlisting took place on 26 February 2021, all candidates were requested to complete a questionnaire that also contained disclosure provisions.

In addition, the Committee agreed that the academic qualifications of those shortlisted would be verified and that Parliament should be asked to facilitate screening of the candidates.
These were made available to the Committee before it made its decision on which nominees it would recommend to the House before appointment to the positions.

12.

On 9 and 10 March 2021, the Committee interviewed the candidates on the virtual platform Zoom.

13.

After deliberating, the Committee resolved to nominate Ms Philile Ntuli and Ms Fatima Chohan for appointment as full-time commissioners for a period of seven years.

14.

Position of Deputy Chairperson 14.1.


The Committee also considered the appointment of a Deputy Chairperson of the Commission, in terms of section 7 of the Act.

14.2.

In addition to the considering the shortlisted candidates, the Committee wrote to the Chairperson of the Commission with the request that should any serving commissioner wish to be considered for the position of Deputy Chairperson, they should inform the Committee by 5 March 2021 so that their names could be included for interviewing.
As they are serving commissioners, they would only be questioned on their suitability to fill the position of Deputy Chairperson.

14.3.

Commissioners A Gaum and A Makwetla indicated their interest in being considered for the position.

Unfortunately, the Committee was unable to grant Commissioner Makwetla’s request that her interview be postponed for two months as she is recuperating from an illness.
The Committee is of the view that to have done so would have unreasonably delayed the process: this would not be in the interests of the Commission, which is already under-capacitated, and would unfairly prejudice the other candidates who would be kept waiting in the meantime.

14.4.
14.4.

In order to assess the suitability of the candidates for the position of Deputy Chairperson, the Committee directed specific questions aimed at probing their understanding of what the position would entail, their experience and possession of 12 the necessary skills.

15.

Recommendation 15.1.

The Committee, therefore, recommends that: 15.1.1.


The National Assembly resolve to recommend that Ms Fatima Chohan and Ms Philile Ntuli be appointed as full-time commissioners of the South African Human Rights Commission; and 15.1.2.

The National Assembly recommend that Ms Fatima Chohan be appointed as the Deputy Chairperson of the Commission.

16.

Appreciation 16.1.

The Committee would like to thank all those who made themselves available to be considered for the appointment.

Report to be considered